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Reports of Cases in Equity Argued and Determined in the Supreme Court of North Carolina (Volume 62); From June Term 1866 to January Term 1868, Inclusive

Reports of Cases in Equity Argued and Determined in the Supreme Court of North Carolina (Volume 62); From June Term 1866 to January Term 1868, Inclusive


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1868. Excerpt: ... Cotten, ex partr. proceedings until he could make up a controversy with the court and have it tried by a jury. So, in this case, certain persons sought the aid of the Court of Equity to sell their property; the court ordered the sale, and the petitioner bought, and now seeks to stay the proceedings of the Court of Equity in that case, until another suit can be instituted against him, in which a jury can determine whether he ought to pay. The constitutional provision was certainly never intended to apply to a case like this. As a substitute for an attachment by which a Court of Equity can enforce all its decrees, a milder remedy is provided in the aforesaid statute, by notice and judgment on motion. And that statute is not unconstitutional. 3. The petitioner objects that the notice to him was in the name of G. B. Barnes, who was Clerk and Master at the time notice was issued, whereas his bond was given to W. W. Peebles, Clerk and Master at the time of the sale. There is no force in the objection. If the proceeding against the petitioner had been by suit on his bond, which was payable to W. W. Peebles, Clerk and Master, it may be that it would have been necessary to sue in the name of W. W. Peebles, and not in the name of the new Clerk and Master; but we do not decide the question, and such is not the inclination of our opinion. And the statute, Rev. Code, c. 13, s. 11, authorizes a suit upon such bonds in the name of the Stale, which would, therefore, be the most safe practice where a suit is instituted at all. But in this case the proceeding is presumed to be at the instance of the court itself, in a cause pending before it. Notice is given to the defendant, that the court will render judgment against him in the cause then pending before it, if he fail to...


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Product Details
  • ISBN-13: 9781150120411
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 120
  • Spine Width: 6 mm
  • Width: 189 mm
  • ISBN-10: 115012041X
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 227 gr


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Reports of Cases in Equity Argued and Determined in the Supreme Court of North Carolina (Volume 62); From June Term 1866 to January Term 1868, Inclusive
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